MINISTRY
ORDER RELATIVE TO THE ESTABLISHMENT AND ORGANIZATION OF
THE PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION
Pursuant to Executive Order No. 797, dated 1 May 1982, the Philippine
Overseas
Employment Administration hereinafter referred to as the Administration
is hereby established and organized as follows:
ARTICLE
I. PURPOSES AND OBJECTIVES OF THE PHILIPPINE OVERSEAS EMPLOYMENT
ADMINISTRATION
Section 1. The Administration shall be the lead government agency
responsible
for the formulation and implementation of policies and programs for the
overseas employment of Filipino workers. In coordination with
appropriate
entities, it shall formulate and undertake a systematic program for
promoting
and monitoring the overseas employment of Filipino workers including
seamen,
taking into consideration domestic manpower requirements and the need
to
protect their rights to fair and equitable employment practices.
It shall have original and exclusive jurisdiction over all cases
involving
employer-employee relations, including money claims, arising out of or
by virtue of any law or contract involving Filipino workers for
overseas
employment.
Sec. 2. The Administration shall assume the functions of the abolished
Overseas Employment Development Board, National Seamen Board and the
Overseas
employment functions of the Bureau of Employment Services, including
among
others the following:
1.
Establish
and maintain a registration and/or licensing system to regulate private
sector participation in the recruitment and overseas placement of
workers;
2.
Maintain
a registry of skills for overseas placements;
3.
Recruitment
and place workers to service the requirements of overseas employers for
trained and competent Filipino workers;
4.
Promote
the development of skills and careful selection of Filipino workers for
overseas employment;
5.
Undertake
overseas market development activities for placement of Filipino
workers;
6.
Secure
the best possible terms and conditions of employment of Filipino
contract
workers and ensure compliance therewith;
7.
Generate
Foreign exchange from the earnings of Filipinos employed under its
programs;
and
8.
Promote
and protect the well-being of Filipino workers overseas.
Sec. 3. The Ministry of Labor and Employment shall have administrative
supervision over the Administration.
Sec. 4. The Administration shall impose and collect fees and other
charges
for its services, except from workers. All fees and charges
collected
shall, as provided in PD 442 and PD 1412, accrue to a Special Trust
which
shall be used exclusively for the promotion of the objectives of the
Administration
subject to provisions of Section 40 of PD 1177.
Sec. 5. In accordance with relevant Presidential directives, the
Administration
may establish offices abroad for monitoring and servicing overseas
employment
functions.
Sec. 6. The Administration shall establish and maintain close
relationship
and enter into joint projects with the Construction Industry Authority
of the Philippines, Ministry of Foreign Affairs, the Philippine Tourism
Authority, the Manila International Airport, the Ministry of Justice,
Office
of the Budget and Management, the labor attaches service corps, and
other
relevant government entities, in the pursuit of its objectives.
The
Administration may also establish and maintain joint projects with
private
organization agencies, domestic or foreign, in the pursuit of its
objectives.
ARTICLE
II. ORGANIZATION AND FUNCTIONS OF THE ADMINISTRATION
Sec. 7. The Organization and functions of the Administration shall be
in
accordance with the provisions and details contained in Executive Order
No. 787, 797, LOI 1215, 1216 and this Order.
Sec. 8. The scope of the Administration’s authority shall extend over
all
hirings of Filipinos for overseas employment, including all employments
of Filipinos by foreign governments; international and multi-national
organizations,
firms and entities, whether operating from the Philippines or not, and
whether doing business for profit or not.
Sec. 9. The Administration shall consist, as depicted in the attached
organizational
chart, of a Governing Board which shall be its policy making body, an
Advisory
Board for Seamen which shall act as its consultative councils, the
Office
of the Administrator, the support services and the three major
substantive
subdivisions, namely: Market Development and Placement Office,
Licensing
and Regulation Office and the Worker’s Assistance and Adjudication
Office.
These three major substantive subdivisions shall be equivalent to
bureaus
and each shall be headed by a Director appointed by the
President.
The Regional Labor Center of the Middle East and Africa, the One-Stop
Documentation
Center (LOI 1217) and the MIA Assistance Center (LOI 1215) shall form
part
of the Administration.
ARTICLE
III. THE GOVERNING BODY
Sec. 10. The Administration shall have a three-man Board composed of
the
Minister of Labor and Employment as the Chairman, the Administrator,
and
a third member appointed by the President. The third member shall
be well-versed in the field of overseas employment and shall serve for
a term of 2 years. The third member shall be entitled to the
emoluments
of a Deputy Administrator.
Sec. 11. The Governing Board shall be responsible for promulgating and
adopting such policies, rules and regulations that would implement and
attain the purposes and objectives of the Administration.
Sec. 12. The Governing Board shall determine the criteria and the
priorities
for appropriating any portion, or the whole, of the Special Trust Fund
accruing from fees and other charges of the POEA.
Sec. 13. The members of the Governing Board shall be entitled to
allowances
of P2000 per month.
ARTICLE
IV. THE ADVISORY BOARD
Sec. 14. Further to EO 797, an Advisory Board for Overseas Employment
and
an Advisory Board for Seamen are hereby created.
Sec. 15. The Advisory Board shall serve as the consultative councils of
the Office of the Administrator and shall provide advice on matters
pertaining
to overseas operations, recruitment, and the regulation and supervision
of private sector participation in the overseas employment program.
Sec. 16. The Advisory Board shall consists of 11 members each
essentially
coming from the private sector. The Chairman and members of the
Board
shall be designated by the Chairman of the Governing Board.
Sec. 17. Members of the Advisory Boards shall receive compensation
comparable
to those received by members of the abolished OESB and NSB Boards.
ARTICLE
V. ORGANIZATION AND FUNCTIONS OF THE OFFICE OF THE ADMINISTRATOR
Sec. 18. The Office of the Administrator shall consist of the
Administrator,
the Deputy Administrators, their immediate office staffs, and the
following
support services:
a.
Administrative
Service
b.
Financial
and Management Service
c.
Data and
Research Development Service
d.
Publication
and Information Service
Sec. 19. The Administrator.-
The Administrator shall be appointed by the President upon the
recommendation
of the Minister and shall have the rank of a Deputy Minister. He
shall be the Chief Executive Officer of the Administration and shall
have,
among others, the following powers and functions:
1.
Assume
full responsibility for implementing such policies, programs and
activities
that will attain the purposes and objectives of the Administration.
2.
Enforce
all policies, regulations and measures approved by the Governing Board,
and allocate appropriate resources for their operations;
3.
Supervise
and control the operations of the various offices of the
Administration.
4.
Decide
all cases involving employer-employee relations, including money claims
arising out of or by virtue of any law or contract involving Filipino
workers
for overseas employment, including seamen.
5.
Recommend
to the Minister of Labor and Employment the approval, suspension or
cancellation
of licenses and authorities to recruit and place workers overseas;
6.
Recommend
to the Minister of Labor and Employment all appointments to
supervisory,
technical, clerical and other positions in the Administration;
7.
Submit
to the appropriate authorities at the end of the fiscal period an
annual
report on the operations of the Administration; and
8.
Perform
such other duties as may be provided by law or as may be directed by
the
Minister of Labor and Employment.
Sec. 20. The Deputy Administrator.-
The Deputy Administrator shall have the following duties and
responsibilities:
1.
Advise
and assist the Administrator in the formulation and implementation of
policies,
programs and functions of the Administration;
2. Assist
in coordinating the operational activities of the Administration, and
be
responsible to the Administrator for their efficient, effective and
economical
administration;
3.
Serve as
Deputy to the Administrator in all matters and functions of the
Administration
and the Governing Board; and
4.
Perform
such other duties as may be directed by the Administrator.
Sec. 21. DATA AND RESEARCH DEVELOPMENT SERVICE.- The Data and Research
Development Service shall be responsible for providing the
Administration
with staff support and assistance on matters relating to the
establishment
of an effective management information and control system, data
generation,
monitoring, control and use of vital information systems development
formulation
of data processing policies and standards; long term policy research
and
statistics. It shall exercise control and supervision over the
Computer
and Systems Development Division (EDP) and Research, Statistics and
Evaluation
Division.
Sec. 22. FINANCIAL AND MANAGEMENT SERVICE. - The Financial and
Management
Service shall provide the Administration with technical staff
assistance
on fiscal, organizational and management development matters
particularly
on the determination of budgetary requirements, accounting for the
Administration’s
funds, management of the financial and manpower resources, planning and
programming, systems development and project development. It
shall
have three divisions under it, namely: Accounting, Budget and
Management
Division.
Sec. 23. PUBLICATION AND INFORMATION SERVICE. - The Publication and
Information
Service shall formulate and execute promotion and information programs
that will contribute to the development of employment market overseas
and
inform and assist the general public in all matters relating to the
overseas
employment.
Sec. 24. ADMINISTRATIVE SERVICE. - The Administrative Service is
responsible
for providing POEA with economical, efficient and effective services
relating
to personnel, records, supplies, equipment, collection disbursements,
security
and custodial work.
ARTICLE
VI. ORGANIZATION AND FUNCTIONS OF THE MARKET DEVELOPMENT AND PLACEMENT
OFFICE
Sec. 25. The Market Development and Placement Office. - This
Office
shall have the following functions:
1.
Promote
and develop overseas employment opportunities for Filipino workers of
varying
skill categories through organized and comprehensive manpower programs
and strategies.
2.
Promote
and develop bilateral Recruitment Agreements with Foreign governments
and
their instrumentalities.
3.
Provide
comprehensive facilities for handling all phases of overseas employment
of Filipino workers hired through government-to-government
arrangements.
4.
Provide
integrated placement and processing services to facilitate the fast
delivery
of qualified Filipino workers to worksite of employee.
5.
Undertake
continuous research on overseas labor market information including
wages
and employment terms and conditions.
6.
Ensure
the uniform implementation of employment standards and wages for
Filipino
contract workers hired for overseas employment.
7.
Undertake
the expeditious processing of travel documents of Filipino workers
returning
to worksite to resume their contractual employment with foreign
employers.
Sec. 26. In pursuance of the above powers and functions there shall be
established in the Labor Market and Placement Office three operating
departments,
as follows:
a.
Government
Placement Department;
b.
Accreditation
and Contract Processing Department; and
c.
Market
Promotion and Development Department.
Sec. 27. The Market Development and Placement Office shall be headed by
a Director who shall be appointed by the President. The Director
shall have the rank and emolument of a Bureau Director. He shall
have control and supervision over the operating departments/divisions
of
the Office.
ARTICLE
VII. ORGANIZATION AND FUNCTIONS OF THE WORKERS ASSISTANCE AND
ADJUDICATION
OFFICE
Sec. 28. The Workers Assistance and Adjudication Office. The
Workers
Assistance and Adjudication Office shall have the following powers and
functions:
a.
Adopt
policies, rules and procedures for the implementation of the
Administration’s
welfare services and other assistance program to overseas jobsite or
within
the country.
b.
Exercise
the Administration’s original and exclusive jurisdiction over all cases
involving employer-employee relations including money claims arising
out
of or by virtue of any law or contract involving Filipino workers for
overseas
employment, including seamen.
c.
Conduct
pre-departure orientation briefing for departing workers and, in
coordination
with the WELFUND, undertake studies and materials development for the
pre-departure
briefings and related activities.
d.
Maintain
a registry of workers according to skills for marketing, placement and
promotion purposes.
e.
Establish
procedures and capability within the Administration for the immediate
and
effective repatriation of Filipino workers whenever the same shall be
necessary.
f.
Prescribe
procedures and standards and implement the same in order that the
Administration
is able to effectively deal with the conduct and discipline of Filipino
workers overseas.
g.
Develop
and undertake skills training and upgrading programs singly or in
coordination
with other organizations or agencies, establish and/or accredit
training
centers and certify graduates of these centers on the basis of their
specific
skill capabilities.
h.
Perform
all necessary acts to attain the purposes and objectives of the
Administration
in the promotion and protection of the welfare of the overseas workers
and their families.
Sec. 29. In pursuance of the above powers and functions, there shall be
established in the Workers Assistance and Adjudication Office four
Departments
as follows:
a.
Welfare
Services Department;
b.
Education
and Training Department;
c.
Adjudication
Department; and
d.
Manpower
Registry Department.
Sec. 30. The Workers Assistance and Adjudication Office shall be headed
by a Director who shall be appointed by the President. The
Director
shall have the rank and emoluments of a Bureau Director. He shall
have control and supervision over the operating departments/divisions
of
the Office.
ARTICLE
VIII. ORGANIZATION AND FUNCTIONS OF THE LICENSING AND REGULATION OFFICE
Sec. 31. The Licensing and Regulation Office. - The Licensing
and
Regulation Office shall perform the following functions:
a.
Process
applications for license or authority to operate private recruitment
entities,
construction companies and shipping agencies and recommends to the
Minister
appropriate action thereon.
b.
Recommend
to the Administrator appropriate actions for violations of the
conditions
of license or authority including the suspension or cancellation or
revocation
thereof.
c.
Monitor
the status of cash and surety bonds and require the replenishment or
renewal
thereof.
d.
Prepare
and update lists of licensed or authorized employment agencies,
construction
contractors and shipping agents for the guidance of the public.
e.
Prepare
and implement an inspection program for the effective supervision and
evaluation
of the activities of private employment agencies, private recruitment
entities,
construction contractors and shipping agents.
f.
Prepare
and implement programs for the eradication of illegal recruitment
activities
and provide support services to the inter-agency council on illegal
recruitment
in its campaign against illegal recruitment.
g.
Prepare
and implement programs for the evaluation of employment agencies and
shipping
companies in pursuance of the regulatory functions of the Office and in
aid of policy formulation.
h.
Formulate
and implement programs for standardization of allowable fees to be
charged
by private employment entities, medical clinics and testing centers;
i.
Review
and evaluate requirements for issuance of license and authorities.
j.
Review
and evaluate service or employment agreements between principals and
employment
and shipping agencies, specifying therein the minimum terms and
conditions
of employment of overseas Filipino workers.
k.
Formulate
and implement programs for the effective monitoring of foreign exchange
remittances of overseas contract workers.
Sec. 32. In pursuance of the above objectives, there shall be
established
in the Licensing and Regulation Office three operating Departments, as
follows;
a.
Licensing
and Evaluation Department;
b.
Inspection
and Standards Development Department; and
c.
Recruitment
Regulation Department.
Sec. 33. The Licensing and Regulation Office shall be headed by a
Director
who shall have the rank and emoluments of a Bureau Director. He
shall
have control and supervision over the operating Departments of the
Office.
ARTICLE
IX. ORGANIZATION AND FUNCTIONS OF THE REGIONAL LABOR CENTER FOR THE
MIDDLE
EAST AND AFRICA
Sec. 34. A Regional Labor Center for the Middle East and Africa,
hereafter
referred to as the Center, is created as part of the Philippine
Overseas
Employment Administration.
Sec. 35. The Center’s area of operations shall cover the following
countries:
Saudi Arabia, Kuwait, Bahrain, Qatar, Oman, United Arab Emirates, Iraq,
Jordan, Lebanon, Iran, North and South Yemen, Nigeria, Libya, Malta and
Cyprus and such other areas may be designated..
Sec. 36. The Center shall have as its objectives the maximization of
employment
and contracting opportunities for Filipino workers and companies, and
the
improvement of existing arrangements to enhance the welfare and
protection
of the interest of Filipino workers. It shall be responsible for
coordinating the labor attaché activities on employment
promotion
and worker’s protection in its areas of operations. Labor
attaches
in the Middle East and Africa shall be attached to the Center for the
above-stated
purposes.
Sec. 37. In pursuance of its objectives, the Center shall, subject to
the
guidelines as may be issued by the Administration, perform the
following
functions:
1.
Undertake
and coordinate all labor, employment and welfare activities in its area
of operation including liaison with the relevant agencies and entities
in the host countries;
2.
Promote
Filipino manpower and expertise in consonance with approved market
development
plans;
3.
Protect
the interests and promote the welfare of Filipino workers and seamen;
4.
Maximize
foreign exchange generation from Filipino workers and seamen;
5.
Undertake
cultural, welfare, information and legal assistance to Filipino workers
and seamen and, where appropriate, to Filipino companies;
6.
Maintain
a permanent registry of all workers and companies employing Filipinos
in
the area of coverage including all contracts entered into by these
companies
and workers;
7.
Review
and endorse for processing and approval by the appropriate Office in
the
Administration all contracts brought to the Center’s attention, and
monitor
the implementation of all contracts or agreements entered into between
Filipino companies and their foreign principals, clients/partners or by
and between workers and their employers in its area of operation.
8.
Within
the limitation of laws of the country of employment, settle amicably
through
conciliation all matters involving employer-employee relations,
including
money claims arising therefrom, brought to its attention. Should
its conciliation efforts fail, the Center shall endorse the matter
together
with all pertinent documents to the Administration, which shall
undertake
formal legal action thereon.
9.
Recommend
to the Administration the granting, suspension or revocation of
authorities
to participate and deploy workers of agencies or companies in the area
covered;
10.
Perform
such other functions as may be assigned by the Administration.
Sec. 38. Subject to guidelines to be issued by the Administration, the
Center shall impose and collect fees and other charges for its
services,
except from workers. Such fees and charges shall form part of the
Administration’s income receipts which shall accrue to a Special
Account,
and of which a portion may be used for the activities of the Center,
subject
to the provisions of Section 40 of Presidential Decree No. 1177.
Sec. 39. The Center’s appropriations shall be sourced from the General
Appropriations Act, and grants/or financial aid from various sources
including
the Welfare Fund. Its quarterly appropriations shall be released
directly by the POEA to the Center which shall be responsible for
administering
the same, subject to the usual accounting and auditing procedures.
ARTICLE
X. TRANSITORY PROVISIONS
Sec. 40. In conformity with the foregoing organization and statement of
functions, all positions in the OEDB and the NSB and appropriate
positions
in the BES with overseas employment functions shall be transferred,
integrated
and realigned under the Administration in accordance with the attached
organizational staffing pattern and compensation plan. These
positions
are considered vacant until new appointments are issued.
Sec. 41. Incumbents of OEDB, NSB and BES positions shall continue to
discharge
their functions and responsibilities and shall continue to receive
their
entitlements unless otherwise directed and/or the new POEA budget is
approved.
Sec. 42. The cut-off date for the closing of the books of accounts of
the
OEDB/NSB/BES shall be determined upon the approval of the new
integrated
Budget of the Administration for 1982.
Sec. 43. On the cut-off date, the OEDB and NSB shall close its books
and
transfer the balances of all existing assets, liabilities and surplus
capital
to the Administration. The BES shall similarly close its books
and
shall transfer appropriate balances of existing assets, liabilities and
surplus capital of its central head office to the Administration.
Sec. 44. The Administration shall open a new set of books of accounts
and
transfer and balances on the cut-off date of all existing assets,
liabilities,
and surplus capital from the OEDB and the NSB, and the appropriate
portion
from the BES.
Sec. 45. For the purpose of reconciliation, consolidation and
adjustment,
the closing of the books of accounts of the OEDB/NSB/BES and the
opening
of books of accounts of the Administration, a maximum of 6 months
transitory
period from the cut-off date shall be allowed to effect such a
transfer.
Sec. 46. Further to Section 40, the Administration may already transact
business and such transactions shall be recorded in a new set of books
including the expenses incurred in connection with the winding-up
activities.
Sec. 47. In the meantime that the transfer/consolidation has not been
fully
effected, the following shall be observed:
1. The
head
of the Administration may authorize existing personnel to continue
rendering
services for them to analyze, reconcile and effect the transfer as
provided
herein.
2.
Clearances
of all officials and employees of the OEDB, BES and NSB who may not be
retained shall not be issued until after they have fully satisfied or
settled
their accounts and liabilities.
Sec. 48. All income earned by the OEDB, NSB, and BES for CY 1982 prior
to integration shall be credited to the account of POEA and is subject
to Section 4 of these rules.
ARTICLE
XI. EFFECTIVITY
Sec. 49. This order shall take effect _____ day of June, 1982.
VICENTE
LEOGARDO, JR.
Acting
Minister
Ministry
of labor and Employment
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